If you wanted to make a fish-shaped gummy candle, you would likely need to make the back flat, where you pour the liquid into a starch impression. Also, in order to make it look like a fish you would likely need to use a head, tail, scale pattern and eyes. So Malaco Leaf, owner of SWEDISH FISH gummy candy, was unable to show protectable trade dress as its fish-shaped candy had an aesthetically functional design. Also, defendant SQWISH FISH established that there were 69 other fish-shaped gummy candies on the market.